Tag Archives: Florida 14 day PIP Law

Florida 14 day PIP Law

What is the
Florida PIP Law and how does it affect me?

As
a Tampa Injury Attorney, I can tell you that it can be difficult to navigate
Florida’s “no-fault” auto insurance laws and what is this 14-day rule that we
hear about on the radio.

One
issue that often arises after a collision is Florida’s 14-day rule in personal
injury protection (PIP) insurance. It’s very important to understand the 14-day
rule as a crash victim. Otherwise, you could face major hurdles in trying to
secure benefits – or lose your right to compensation entirely. Here’s a
breakdown of how the personal injury protection rule works.

Under the 2013 PIP law change, an accident victim must get “initial services and
care” within two weeks of a crash if they want to receive benefits through
their PIP coverage. Almost any type of medical attention will meet this
requirement, as long as it comes from a qualified health care provider, or a
qualified health care provider supervised or prescribed the care.

A qualified health care provider might include:

A medical doctor

A
dentist

A chiropractor

An emergency medical technician

It is important to note that seeing a physical therapist,
massage therapist, or other care provider not specifically listed in the
statute will likely not meet the criteria. Your insurance company will likely
deny your claim, and you will not receive benefits. It is always a good idea to
go to the emergency department or see your doctor as soon as possible after a
crash, both to ensure you are healthy and to meet this qualification as
outlined in the Florida PIP 14-day Rule.

In
addition to those injured, massage therapists and acupuncturists will no longer
be allowed to treat patients under PIP. Even more worrisome to Florida citizens
is that the law does not require insurance companies to notify policyholders
that changes are forthcoming, effectively pulling coverage away from them
without their knowledge or understanding. The new PIP law forces insurance
companies to reduce their PIP rates by at least 25% by 2014, but they may
petition the government to be excluded from these requirements. As many are
receiving exceptions to the law, the changes have a chilling effect of ripping
benefits from policyholders and proving a windfall for insurance companies.

The new law also
created two different amounts that can be reimbursed to an individual seeking
PIP benefits depending on whether that person has been diagnosed with an
emergency medical condition. If a physician, osteopathic physician, dentist,
physician’s assistant, or advanced registered nurse practitioner has determined
that the injured person has an emergency medical condition, then that person
will be allowed to obtain the full $10,000.00 in PIP benefits. An emergency
medical condition, or “EMC” for shorthand, is defined as a medical condition
manifesting itself by acute symptoms of sufficient severity that the absence of
immediate medical attention could reasonably be expected to result in serious
jeopardy to patient health, serious impairment to bodily functions, or serious
dysfunction of a body organ or part. An injured person who is not diagnosed
with an emergency medical condition (EMC) will be limited to $2,500.00 in PIP
benefits even though the injured persons pays for $10,000.00 in benefits through
their insurance policy.

For a multitude
of reasons, avoiding medical attention after an accident is never smart. Being
afraid of high medical expenses, for example, is a reason to seek treatment –
not to avoid it – because that treatment could cost you much more in the
future. If you’re anxious about missing work, you’ll miss much more if your
condition later becomes serious. After a traffic collision, seek medical
attention at once. If you get a “clean bill of health” you’ll also get peace of
mind. And if you’ve suffered an injury, discuss your legal rights and options
as quickly as possible with a good personal
injury attorney.

Emergency
Medical Condition

“Emergency
medical condition” as it applies to PIP insurance claims in the
state. The statute outlines this as a situation where victims suffered from
acute symptoms that require immediate attention to prevent:

Endangering their health and
wellbeing

Impairment of a major body
function

Serious dysfunction of any organ
or body part

It is a good
idea to discuss this with your doctor, who can note in your charts that you
suffered an emergency medical condition. This may help your case. It is
important to note there does not have to be a determination of whether your
injury is an “emergency medical condition” within the first 14 days after an
accident. As long as you seek medical care within the first two weeks, you
should be eligible for some type of payout from your PIP insurance provider.

Misconceptions

Some
misconceptions surround how much PIP covers. It does not necessarily pay
all of the bills. PIP coverage pays the reasonable customary charges for
medical treatment for injuries causally related to the accident.

If an individual
injured their neck in an accident and if it still hurts three days later and it
is not related to the accident, their PIP coverage is not going to pay for it.
It only pays for those symptoms of those injuries that were caused by the
accident. Even for the injuries causally related to the accident, Personal
Injury Protection will only pay 80 percent of the bills.

No Fault
insurance is mandatory in Florida – you are required by law to purchase it,
therefore it’s important to know what’s required of you to take advantage of it
in the event you need it.

Contact a personal injury
attorney
to discuss the specifics of your case and decide whether you need legal
representation. A personal injury attorney could mean the difference
between getting a settlement that barely covers your expenses or a settlement
or verdict that pays all of your bills and allows you to get back to living
your life.

Tampa
Attorney Martin J. Hernandez

Attorney Martin J. Hernandez of Fernandez
& Hernandez, LLC in Tampa provides legal representation for families in auto accident injury and wrongful death
cases. Our Tampa personal injury attorneys welcome the opportunity to interview with you and
your loved ones. We invite you to review our recent results from settlements to
trial verdicts. Our qualifications and background are available to you as well.
Our Tampa Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well. Just call us at 813-229-5353 for your
free consultation.

If you have been involved in an Auto Accident
in the Tampa Bay area, call Tampa personal injury lawyer Martin J. Hernandez of
Fernandez & Hernandez for a free consultation now. We recommend also reading his reviews on Google Reviews, Avvo and Yelp.

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